Supreme Court · 2008 INSC 785 · Decided 9 July 2008
Noor Aga v. State of Punjab & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 785 · [2008] 10 S.C.R. 379
- Case number
- CRIMINAL APPEAL No. 1034/2008
- Decided
- 9 July 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 193, 228; CrPC Section 313; Evidence Act Section 114(e), 25, 108; Constitution Article 20(3), 21, 14; NDPS Act Section 22, 23, 52A, 53, 53A, 35, 54; Customs Act Section 110(18), 108, 1388
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985: ss. 22, 23, 52A, 53 and 53A -Possession of contraband - Recovery - Prosecution - Confessions made by accused c before Customs authorities - During trial confession retracted - Conviction by courts below - On appeal, held: Conviction not *-+ beyond reasonable doubt - Investigation of the case not fair and reasonable - There are discrepancies in the treatment D and disposal of physical evidence leading to drawl of nega- tive inference - Cumulative effect of the facts of contradiction in the statements of the official witnesses,
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